Many warehouse and yard operators have not complied with customs regulations

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VCN – HCM City-based warehouse and yard operators have not yet complied with regulations on customs control. HCM City Customs department has considered handling the offenses.

Many warehouse and yard operators have not complied with customs regulations
Imported, exported, transited goods and backlogged goods must be stored in separate areas as per regulations.

According to HCM City Customs Department, the department detected that some warehouse and yard operators have not yet complied with regulations on customs supervision.

Accordingly, some operators have not yet arranged separate storage areas for imported, exported, transited and backlogged goods as prescribed in Clause 2, Article 34 of the Government Decree 08/2015/ND-CP dated January 21, 2015.

Some operators have not updated additional information and not sent to the VASSCM as prescribed in Points c, d, Clause 1, Article 52dd, Circular 38/2015/TT-BTC dated March 25, 2015, amended and supplemented in Circular 39/2018/TT-BTC dated April 20, 2018, of the Ministry of Finance (hereinafter referred to as the Circular).

Many operators have not updated information on changes to the status quo of goods and not sent to the VASSCM as per the provisions of Points c, d, Clause 1, Article 52dd of the Circular;

Some operators fail to provide information about goods undergoing procedures in the customs control area to the VASSCM as prescribed in Point d.3.3, Clause 1, Article 52, Point c.3.2, Clause 3, Article 52a of the Circular;

Operators have not updated and sent information about goods in, stored and out warehouses and yards to the e-customs data processing system as per the provisions of Articles 52, 52a and 52b of the Circular.

The city Customs Department said that the department will impose sanctions of administrative violations as per Point b, Clause 1, Article 24 of Decree 128/2020 /ND-CP for operators that do not arrange a separate storage area for imported, exported, transited and backlogged goods as prescribed in Clause 2, Article 34 of Decree 08/2015/ND-CP.

The department faces problems applying for sanctions for the remaining four violations as mentioned above. Whether applying point a, clause 2, Article 24 or point b, clause 2, Article 24 of Decree 128/2000/ND-CP to sanction. Because the name of the violation specified at Point a and Point b, Clause 2, Article 24 of the Decree does not correspond to the regulations on responsibilities of the port, warehouse, yard operators specified in the Circular 39/2018/TT-BTC amending and supplementing Circular 38/2015/BTC.

Currently, the city customs department has reported to the General Department of Vietnam Customs about the offenses and problems.

By Le Thu/ Ngoc Loan

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